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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Union Of India – Appellant
Versus
Bhag Chand Son Of Shri Moolchand – Respondent
JUDGMENT :
GANESH RAM MEENA, J.
1. The present civil misc. appeal has been filed by the appellant/non-claimant under section 23 of the Railway Claims Tribunal Act, 1987 (for short ‘the Act of 1987’) against the Judgment and award dated 22.07.2021 passed by learned Railway Claims Tribunal, Jaipur Bench (for short ‘the Railway Tribunal’) in OA-II-154/2017, Bhagchand Vs. Union of India , whereby the original application filed by the respondent/ claimant was partly allowed and Rs.5,60,000/- has been awarded as a compensation in his favour along-with interest @ 9% per annum from the date of award till the actual date of depositing of the decreetal amount with the Additional Registrar.
2. The facts borne out from the pleadings are that the respondent/claimant- Bhagchand filed an original application before the Railway Tribunal mentioning therein that on 10.10.2008 he was to commence his journey ex. Phulera to Jaipur by Train No. 4312 for which he purchased a valid second class railway journey ticket. When he boarded in the general coach in the said train, the train suddenly started moving with a jerk, as a result thereof he lost his balance and accidentally fell down from the moving train
The absence of a ticket does not negate a claim for compensation if the passenger can prove they were a bona fide passenger, emphasizing the burden of proof can shift based on circumstances.
The main legal point established in the judgment is that the appellant's evidence was sufficient to prove that he was a bona fide passenger and that the injuries were sustained in an untoward inciden....
The absence of a valid ticket does not negate the presumption of a passenger's bona fide status, and the Railway Administration is strictly liable for untoward incidents.
The absence of a ticket does not negate the status of a bona fide passenger, and initial burden of proof lies on the claimant to establish the passenger status, which the court confirmed through exam....
The Court ruled that in compensation claims for railway accidents, the presumption is that a passenger holds a valid ticket, shifting the burden of proof to railways to disprove this status.
The Court affirmed that a passenger's accidental fall from a moving train constitutes an 'untoward incident', ensuring compensation under the no-fault principle without regard to negligence.
The burden of proof lies on the Railway Administration to establish the deceased's status as a bona fide passenger, and the absence of a ticket does not necessarily negate this claim.
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